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Prepared by: Julie Knorr Botanist Klamath National Forest May 04, 2009

Abstract Regulatory Framework Section 7 of the Endangered Species Act of 1973, as amended, Forest Service Policy (FSM 2670), and Forest-wide Standards and Guidelines direct Federal agencies to ensure that any action authorized, funded, or permitted by such agencies is not likely to jeopardize the continued existence of 1) species listed, or proposed to be listed, as Endangered or Threatened by the U.S. Fish and Wildlife Service, and 2) species listed as Sensitive by the Region 5 Regional Forester, or to cause a trend to federal listing for species listed as Sensitive. Methodology for Analysis The list of Species of Concern for the was developed from the Threatened, Endangered, and Proposed species list provided by the U.S. Fish and Wildlife Service and the Region 5 Regional Forester s Sensitive species list. A preliminary botanical review was conducted to determine which of these species are present or have suitable habitat within the project area (USDA 2009a). Project specific field surveys were not conducted for this project. Past surveys for other projects within the project area, BARC classification mapping, BAER habitat surveys and aerial photos were used to develop the list of species of concern for this project. The project area was determined to have suitable habitat for only one Sensitive plant species, Thermopsis robusta, robust false lupine. Affected Environment There are no Threatened, Endangered, or Proposed plant species present within the project area, and there is no suitable habitat for these species. Suitable habitat for Thermopsis robusta is present within the project area along the roadsides and the Panther Fire tractor fire line. Habitat for this species is found in open areas with natural or man-made disturbance. This species ranges through the Siskiyou Mountains of Siskiyou, Del Norte, and Humboldt Counties. Populations are common where habitat occurs. Thermopsis robusta benefits from disturbance that creates an open, disturbed seed bed, scarifies the seed coat, and reduces competing vegetation. Ground disturbance that exceeds 12 inches would destroy the underground root structure. Disturbance that does not exceed 12 inches in depth would impact aboveground plant parts, but the plants would recover from this disturbance by re-sprouting from the root (USDA 2009). There are no other plant species of interest present within the project area, and there is no suitable habitat for these species. Environmental Consequences No Action Alternative In this alternative, there would be no direct, indirect, or cumulative effects to Threatened, Endangered, or Proposed plant species. i

There would be no direct effects to the Sensitive species, Thermopsis robusta. There may be indirect effects to the habitat as the Panther Fire tractor fire line becomes revegetated and suitable habitat is eliminated through succession. There would be no cumulative effects to the species because additional suitable habitat would be maintained along the existing roads. In this alternative, there would be no direct, indirect, or cumulative effects to other plant species of interest. Proposed Action Alternative In this alternative, there would be no direct, indirect, or cumulative effects to Threatened, Endangered, or Proposed plant species. In this alternative, there may be direct effects to suitable habitat or potential populations of Thermopsis robusta where the temporary roads are planned. This may remove portions of existing habitat and can destroy individual plants. Because populations tend to be large, this is not likely to destroy an entire population. Use of existing landings is not likely to destroy plants or populations of this species which readily re-sprouts. There is not likely to be an indirect effect through the removal of habitat since road construction disturbance creates additional new suitable habitat. There would be no cumulative effect to the species because the project would cause no net loss of habitat, and may create additional suitable habitat. In this alternative, there would be no direct, indirect, or cumulative effects to other plant species of interest. Compliance With the Forest Plan and Other Regulatory Direction In both alternatives, there would be no effect to currently listed Threatened, Endangered, or Proposed plant species. Both alternatives would not cause a trend towards Federal listing for species listed as Sensitive (USDA 2009), and there would be no effect to other plant species of interest. ii

Introduction The purpose of this document is to evaluate the Panther Fire Salvage in sufficient detail to determine its effects on Endangered, Threatened, Proposed, Sensitive, or other plant species of interest. This report is prepared in accordance with the legal requirements set forth under Section 7 of the Endangered Species Act [19 U.S.C. 1536 (c)], and follows the standards established in the Forest Service Manual direction (FSM 2672.42). Regulatory Framework Section 7 of the Endangered Species Act of 1973, as amended, and Forest Service Policy (FSM 2670) direct Federal agencies to ensure that any action authorized, funded, or permitted by such agencies is not likely to jeopardize the continued existence of 1) species listed, or proposed to be listed, as Endangered or Threatened by the U.S. Fish and Wildlife Service, and 2) species listed as Sensitive by the Region 5 Regional Forester, or to cause a trend to federal listing for species listed as Sensitive (USDA. 1990). Forest-wide Standards and Guidelines have been developed that direct the management of Sensitive plant species to ensure the maintenance of reproducing, self-sustaining populations, and to prevent the need for the species to become listed as T&E species (USDA. 1994). Methodology for Analysis Species of Concern Threatened, Endangered, and Proposed The Arcata Field Office, U.S. Fish and Wildlife Service (USFWS) provided the following list of species to the Klamath National Forest on February 8, 2009 (reference#988762668-155224). This report addresses these species: Federal Endangered Arabis macdonaldiana McDonald s rock-cress Federal Endangered Astragalus applegatei Applegate s milk-vetch Federal Endangered Fritillaria gentneri Gentner mission-bells Federal Endangered Phlox hirsuta Yreka phlox Sensitive The Region 5 Regional Forester has listed plants for which there is a concern for species viability as Sensitive. Sensitive plants are those species which may occur in few to large numbers in a small localized area, or which may occur in a wide geographical area but in few numbers in restricted specialized habitats. Fifty-one Sensitive plant species are known, or thought likely to occur on Klamath National Forest (USDA. 2006b). This report addresses those species. 1

Other Species of Interest There are no populations or habitat for other plant species of habitat within the Panther Fire Salvage project area. Preliminary Botanical Review An office prefield review and a preliminary field review were conducted to determine if this project is within the range of any Klamath listed Threatened, Endangered, Proposed, Sensitive, or other species of interest, and if suitable habitat is present within the proposed project area (USDA 2009a). All Threatened, Endangered, Proposed, Sensitive, or other species of interest listed for the Klamath National Forest were considered during this review. The objective of this review was to determine if suitable habitats were present, and thus if further surveys would be required. Surveys are not required for species for which suitable habitat is not present, and for which the project area is outside of the currently known range of the species. The proposed project area was determined to contain documented occurrences or suitable habitat for the following species (Prefield Review Step 4): Table 1. Species Code Status Field Survey Recommended Thermopsis robusta THRO4 Sensitive No There are no populations, and the is not within range or suitable habitat, for the remaining Threatened, Endangered, Proposed, Sensitive or other plant species of interest. Field Survey Project specific surveys have not been conducted for this project. Based on the results of the prefield review, no surveys were recommended (USDA 2009a). A review of currently known site data, past botanical surveys, Soil Burn Severity (BARC) Classification mapping, post-fire Burned Area Emergency Rehabilitation (BAER) weed and TES habitat surveys, and aerial photos was conducted to determine the presence/absence of TES plant habitat. Field surveys conducted within the general area and the prefield review results are adequate to determine the effects to TES plant species and other species of interest. Analysis Indicators The significance of management activities upon plant species viability depends upon many factors, including the size of known populations, the wider geographic range of known plant populations outside of the project area, and the degree of species sensitivity to short-term and long-term habitat modification. The alternatives are evaluated in terms of how they would affect plant species viability in the context of the above factors. 2

Affected Environment Existing Condition Thermopsis robusta robust false lupine Suitable habitat is present for one Sensitive plant species within the area. That species is Thermopsis robusta, (THRO4), robust false lupine. The biology of this species has been discussed at length in the Biological Assessment/Evaluation for this project (USDA 2009). That information will only be summarized here. This species is endemic to northwestern California and is documented from Del Norte, Humboldt, and Siskiyou counties. The known populations extend from along the Del Norte/Siskiyou Co. line in the southwestern portion of the Siskiyou Mountains, south to the North Coast Range Mountains along the Humboldt/Trinity Co. line. On the Klamath National Forest, thirteen populations are known from Happy Camp District and Ukonom District (now administered by the Six Rivers National Forest). Within the range of the species, populations are common wherever suitable habitat occurs. These populations are predominantly healthy viable reproducing populations. Numerous populations occur on the Klamath National Forest that have not yet been documented since the taxonomic re-evaluation of the species in 1994 (USDA 2001). Suitable habitat for this species occurs in broadleaved upland forest and North Coast coniferous forest (CNPS 2001). Within these forests types, the species occurs in openings (both natural and man-made) such as roadsides, ridge tops, and other natural openings within forests and shrublands. The largest and healthiest populations are found in areas of recent disturbance such as roadsides. Thermopsis robusta is a large, showy and often weedy herbaceous perennial in the pea family, with yellow lupine-like flowers. It re-sprouts annually from a thick underground rootstock, and forms clonal clumps through spreading rhizomes. Rhizomatous plants are able to recover from natural or man-caused removal of above-ground plant parts by utilizing stored carbohydrates in the below-ground root structures. Scarification of seed through disturbance appears to be required to promote seed germination. Ground disturbance that exceed 12 inches in depth can kill individuals by removing the underground rhizome. Conversely, new ground disturbance creates new habitat for this species. Specific Populations/Suitable Habitat within Project Area There are no known sites of Thermopsis robusta within the project area. Suitable habitat in the project area occurs where natural or man-made openings are found. In the Panther Fire Salvage project area, these openings are found along existing roads and landings, and along the tractor fire line constructed for the Panther fire. Desired Condition In the foreseeable future, the area would continue to provide high quality habitat for Thermopsis robusta. Endangered Species Act and Forest-wide Standards and Guidelines would be met by ensuring the maintenance of reproducing, self-sustaining populations, and preventing the need for the species to become listed as a Threatened or Endangered species. 3

Environmental Consequences Mitigation and Monitoring There is no mitigation or monitoring required for plant species of concern in the Panther Fire Salvage Project. Alternative 1 - No Action In this alternative, current management plans would continue to guide management of the project area. No timber salvage, fuels reduction activities, conifer reforestation or roadwork would be implemented to accomplish project objectives. Stand development and fuel dynamics currently occurring in the project area would continue. Direct and Indirect Effects Threatened, Endangered, Proposed and Other Species of Interest There are no populations or suitable habitat for Threatened, Endangered, Proposed or other plant species of interest within the project area, and there would be no direct or indirect effects to these species. Sensitive Species Effects to the Sensitive plant species of concern have been discussed at length in the Biological Assessment/Evaluation for this project (USDA 2009). That information will only be summarized here. The effects to the species for which suitable habitat occurs in this alternative are related to the increased rate of revegetation that would occur along the Panther tractor fireline that would result from the No Action alternative. In this alternative, there would be minimal ground disturbing activities within the Thermopsis robusta habitat areas located within the project area. Routine road grading activities along the existing roads would continue, which would maintain suitable habitat for the species along the roadsides. There would be no direct, short-term effects to the Thermopsis robusta suitable habitat within the project area. There may be a long-term indirect effect to the species if growth in the remaining timber stand along the existing dozer line continues towards a dense, closed-canopy stand. This may eliminate habitat for the species, which requires open, disturbed areas. Individuals that may be currently growing within more open portions of the timber stand or along the dozer line may die due to excessive shading and duff levels as the stand matures. This may affect individuals, but is unlikely to affect the entire population s habitat along the ridgeline. It is likely that openings along the ridge would remain. Cumulative Effects For the cumulative effects analysis, past, current, and foreseeable actions include the activities listed in Table 1-1, Past, current and reasonably foreseeable activities. This analysis also considers routine road maintenance activities which would occur independently of the currently proposed actions. 4

Threatened, Endangered, Proposed and Other Species of Interest There are no populations or suitable habitat for Threatened, Endangered, Proposed or other plant species of interest within the project area, and there would be no cumulative effects to these species. Sensitive Species Past, current, and foreseeable actions include past timber harvest, wildfire, underburning, and road construction and maintenance activities within the project area, and reforestation. These activities have created Thermopsis robusta habitat in the form of openings in some locations, and may have destroyed individuals or populations in other areas, where road construction has occurred. In this alternative, some habitat may be eliminated by revegetation of the existing dozer line. This would not be an adverse effect to the species viability throughout its range, however, due to the presence of suitable habitat along roadsides. Due to the species ability to colonize locally disturbed sites, it is expected that abundant habitat would continue to exist within the project area and within the species range. Because suitable habitat would be maintained, there is not expected to be a cumulative effect to the species viability from the No Action Alternative. Alternative 2 - Proposed Action In this alternative, timber salvage, fuels reduction activities, conifer reforestation, and temporary road construction would be implemented to accomplish project objectives. Direct and Indirect Effects Threatened, Endangered, Proposed and Other Species of Interest There are no populations or suitable habitat for Threatened, Endangered, Proposed or other plant species of interest within the project area, and there would be no direct or indirect effects to these species. Sensitive Species Effects to the Sensitive plant species of concern have been discussed at length in the Biological Assessment/Evaluation for this project (USDA 2009). That information will only be summarized here. The effects to the species for which suitable habitat occurs in this alternative are related to the increased amount of road construction related disturbance and use of existing landings that would occur, relative to the No Action alternative. In this alternative, there is no potential for direct or indirect effects to suitable Thermopsis robusta habitat from salvage harvest activities, slashing, fuel treatments, or conifer reforestation. There is no suitable habitat for this species where these actions would occur. There is potential for direct effects to some individuals where the temporary roads are planned. Habitat for the species is found along the roadsides, and where temporary road construction is greater than 12 inches deep, the underground rhizomes would be destroyed. Because populations tend to extend along roadsides, it is expected that the construction of temporary roads would only affect a portion of populations that may exist in the project area. The construction of 200 feet of temporary road is minimal compared with the amount of suitable habitat that currently exists along roadsides in the project area. Because temporary road construction also creates disturbed habitat, there would be no indirect effect to the species through the loss of suitable habitat. 5

The use of existing landings would have a short term direct effect on populations that may occur within the project area. It is likely that it would destroy the above ground plant parts of the Thermopsis robusta plants that may occur on the landings, and that the underground rhizomes would remain. These plants would die back in the current season, but are likely to resprout the next year from the underground rhizomes. This would be a short-term adverse effect to these individuals. The long-term effect is not likely to be adverse since these individuals are likely to resprout the following season, and there would be no indirect effect since habitat would remain on these landings. There may be a long-term indirect effect to the species if growth in the remaining timber stand along the existing dozer line continues towards a dense, closed-canopy stand. This may eliminate habitat for the species, which requires open, disturbed areas. Individuals that may be currently growing within more open portions of the timber stand or along the dozer line may die due to excessive shading and duff levels as the stand matures. This may affect individuals, but is unlikely to affect the entire population s habitat along the ridgeline. It is likely that openings along the ridge would remain. Cumulative Effects For the cumulative effects analysis, past, current, and foreseeable actions include the activities listed in Table 1-1, Past, current and reasonably foreseeable activities. This analysis also considers the proposed actions in the Panther Fire Salvage project and routine road maintenance activities which would occur independent of the currently proposed actions. Threatened, Endangered, Proposed and Other Species of Interest There are no populations or suitable habitat for Threatened, Endangered, Proposed or other plant species of interest within the project area, and there would be no cumulative effects to these species. Sensitive Species Past, current, and foreseeable actions include past timber harvest, wildfire, underburning, reforestation, road construction and maintenance activities within the project area, and the proposed project activities. These activities have created habitat in the form of openings in some locations, and may have destroyed individuals or populations in other areas, where road construction has occurred. In this alternative, some Thermopsis robusta individuals and habitat may be eliminated by temporary road construction. This would be offset by the creation of additional new habitat. The potential loss of some individuals in potential Thermopsis robusta populations is likely to have no effect on the viability of the populations. The populations on the Klamath N.F. tend to be large viable populations with abundant suitable habitat and good population structure composed of seedlings and mature reproductive plants. There may be a short-term loss of plant numbers, but no long-term loss of population viability. There would be no cumulative effect to the species because the project would cause no net loss of habitat, and may create additional suitable habitat. In the Proposed Action Alternative, species viability would be maintained with the project area and within the species range. 6

Compliance With the Forest Plan and Other Regulatory Direction The Endangered Species Act and Forest Plan Standards and Guidelines require the maintenance of reproducing, self-sustaining populations of species of concern, and preventing the need to list species as Threatened or Endangered. In both alternatives, there would be no effect to currently listed Threatened, Endangered, Proposed or other plant species of interest, and there would be no effect to other plant species of interest. Both alternatives would not cause a trend towards Federal listing for species listed as Sensitive. 7

References CNPS 2001. Inventory of Rare and Endangered Vascular Plants of California. California Native Plant Society Press (Sixth Edition). Rare Plant Scientific Advisory Committee, editors. 386 pp. USDA Forest Service. 1990. Forest Service Manual: Wildlife, Fish, and Sensitive Plant Management (section 2670). USDA Forest Service. 1994. Final Environmental Impact Statement and Land and Forest Resource Management Plan. Klamath National Forest. USDA Forest Service. July 2001. Unpublished notes in Klamath National Forest Files. Range of known sites of Thermopsis robusta on KNF that need documentation with site reports. USDA Forest Service. 2006b. 2670: Sensitive Plant Species. October 2006. Klamath National Forest. Yreka, CA. USDA Forest Service. 2009. Biological Assessment/Evaluation for Sensitive, Threatened, Endangered and Proposed Plant Species.. Happy Camp/Oak Knoll Ranger Districts, Klamath National Forest. May 04, 2009. 11pp. USDA Forest Service 2009a. Botanical Pre-field Review of Proposed Projects and Results of Preliminary Field Review, Panther Fire Salvage. Appendix A-1, A-2, A-3. Unpublished document on file. Supervisor s Office, Klamath National Forest, Yreka, CA. Klamath National Forest. February 8, 2009. 8